What Constitutes Criminal Trespassing?

What Constitutes Criminal Trespassing?

Posted By Stepniak & Park || 14-Jun-2017

Trespassing is unlawfully entering or staying on the property of another
after you’ve been warned that your presence is unwelcome. There
are many different circumstances that can constitute trespassing, but
all cases center on the fact the accused was informed in some matter that
they were not permitted to remain upon or enter the premises. Though they
may seem inconsequential, criminal trespassing charges should always be
taken seriously. A skilled criminal defense attorney is a valuable protection
against your charges.

Florida Criminal Trespass Laws

Florida has four ways with which you can be charged with trespassing, each
addressed in the Florida Statutes Chapter 810:

Trespass in Structure or Conveyance: This statute states that anyone who willfully enters or remains in a structure
or vehicle without being licensed, authorized, or invited is committing
criminal trespass. This statute also addresses individuals who have had
their invitation revoked and have been warned to depart by the owner or
lessee of the building or vehicle but refuse to do so.

Trespass on Property other than a Structure or Conveyance: This statute addresses individuals who have entered other properties than
a conveyance or structure, despite actual communication, fencing, or posted
warnings. If these individuals enter or remain on the premises without
permission, they have committed criminal trespass.

Trespass upon Grounds or Facilities of a School: Any person who does not have legitimate business on campus or is a student
currently under suspension or expulsion may not enter or remain upon the
grounds of a school or facility owned by the school.

Trespass on School Property with a Firearm: An individual who trespasses upon school property may not bring or possess
firearms on that property.

A mistaken trespass is not considered to be criminal until the individual
fails to depart after a warning has been issued. Your defense may hinge
upon proving that you had no intent to actually trespass. Discuss the
details with your attorney to build the strongest case possible.

The Penalties of Criminal Trespass

Most criminal trespass charges are minor, but they still can come with
costly fines on jail time if you are found guilty. For this reason, you
should get help from a criminal defense lawyer. Your attorney can help
you defend yourself from the charges and prevent you from facing harsh
penalties.

Trespassing penalties may include:

Trespass in Structure or Conveyance: A second-degree misdemeanor, with up to 60 days in jail and up to $500
in fines. If the offender was armed with a firearm or other weapon, the
charges are increased with a third-degree felony, with up to 5 years in
prison and up to $5,000 in fines.

Trespass on Property other than a Structure or Conveyance: A first-degree misdemeanor, with up to 1 year in jail and fines up to
$1,000. If the offender was armed, the charges are considered a third-degree
felony, with up to 5 years in prison and up to $5,000 in fines.

Trespass upon Grounds or Facilities of a School: A first-degree misdemeanor, with up to 1 year in jail and $500 in fines.

Trespass on School Property with a Firearm: A third-degree felony, with up to 5 years and fines up to $5,000.

Due to the strict consequences you may be facing, your attorney will help
you devise a strategic defense for your charges. Felony charges can have
a strong impact on your future. Criminal trespass charges should always
be taken seriously, and engaging the services of an experienced lawyer
can help you fight for your freedom.

If you are facing criminal trespassing charges, you should retain the dedicated,
experienced services of our Daytona Beach
criminal defense lawyers. Our firm has more than 35 years of combined experience protecting
the rights of our clients. At
Law Offices of Robert Stepniak, we offer the high-quality, aggressive legal defense your case requires.